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Judiciary

Assessee can decide Self occupied & Deemed let out property for Taxation

May 14, 2019 3294 Views 0 comment Print

The issue under consideration is whether the assessee having two properties has right to choose Self occupied and deemed let out property for the purpose of taxation?

Laying of underground cable by mobile service provider is exigible to property tax

May 14, 2019 3564 Views 0 comment Print

Laying of underground cable by the mobile service provider is exigible to property tax being a levy for use of land for laying of cable and not on cable itself.

TDS U/s. 194IA when Consideration to each transferor not exceeds Rs. 50 lakhs

May 13, 2019 5634 Views 0 comment Print

Where individual share of consideration paid towards immovable property purchase by four persons including the assessee amounted to less than Rs. 50 lakhs, the assessee was not liable to deduct tax under section 194IA of Income Tax Act, 1961 even if value of the property purchased under single sale deed was exceeding Rs. 50 lakhs.

Section 54EC Count Six month from additional stamp duty payment date: ITAT

May 13, 2019 2748 Views 0 comment Print

Date of transfer of property to compute the six-months period for the purpose of claiming deduction under section 54EC could not be taken from the date when the purchase agreement was registered because the transfer would complete after additional stamp duty to complete the process of registration was paid by assessee.

Litmus Test For Issue of A Valid Notice Under Section 148

May 13, 2019 2292 Views 0 comment Print

Advocate Akhilesh Kumar Sah PCIT Vs Nokia India Pvt. Ltd (Supreme Court of India) In PCIT vs. Nokia India Pvt. Ltd. [Civil Appeal No. 3450 Of 2019 (Arising out of S.L.P.(C) No.32222 of 2017), decided on 08.04.2019], appeal was filed against the final judgment and   order   dated   21.04.2017 passed   by   […]

No condonation for non-information of order by Ex-Staff

May 13, 2019 1203 Views 0 comment Print

Vama Apparels (India) Pvt Ltd Vs ACIT  (Bombay High Court) Where assessee filed appeal before High Court with a delay of 507 days and sought condonation of delay stating that ex-employee of assessee who received order of Tribunal put it in his drawer and left company without informing anybody about such orders and it was […]

No Penalty for mere rejection of Sec 54F claim against tenancy right Sale

May 13, 2019 1281 Views 0 comment Print

The dispute between the Assessee and the Revenue was with reference to actual payment for purchase of the flat and whether when the Assessee had purchased one more flat, though contagious, could the Assessee claim exemption under Section 54F of the Act.

Semi-stitched Salwar/Churidar are taxable as garments at 5% / 12%

May 13, 2019 6756 Views 1 comment Print

Semi-stitched Salwar/Churidar are liable to GST @ 5% [CGST-2.5% and SGST-2.5%], if the Sale Value is less than Rs. 1000/- per piece and @ 12% [CGST-6% and SGST-6%], if the sale value is more than Rs. 1000/- per piece.

Classification and rate of GST on PP non-woven bags made from Non-woven fabric

May 13, 2019 3330 Views 0 comment Print

In re M/s U.S. Polytech (GST AAAR West Bengal) P P Non-woven bags manufactured by the Applicant from ‘Non-woven fabric’ under HSN 5603 falls under HSN 6305 33 00 and the applicable rate for the bags of value not exceeding Rs.1000/= per piece is taxable at the rate of 5% under Serial No. 224 of […]

IGST Refund cannot be denied on account of Technical Glitches

May 12, 2019 5043 Views 0 comment Print

Vsg Exports Pvt Ltd Vs. Commissioner of Customs (Madras High Court) Facts Refund of Integrated Tax (IGST) paid on the goods exported out of India. Since the respondents did not refund the IGST amount, the Writ Petition was filed. According to the petitioner, they have claimed lower rate drawback as per Notification 131/2016(NT) , dated […]

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